help right now. jon: so much work to do. we are with you. thank you for joining us today. jenna: "america live" starts right no. megyn: fox news alert on the new misery for millions two days after sandy made landfall and destroyed homes and businesses up and down the east coast. welcome to "america live," i'm megyn kelly. we are getting new video of life after sandy, dozens killed, homes destroyed, millions without power, heat and gas as it gets colder here in the northeast. check out the scene in new jersey the gas shortage, look at this. sparking panic, cars lined up for miles. some folks showing up on foot to fill up their fuel cans and they too need to wait and wait. look at the traffic, gridlock does not even begin to describe it, look at this. drivers flooding the bridges into manhattan really, really early this morning before sunrise, the city setting up

checkpoints that requires new ruleset up rules to have cars carry three people. imagine finding three random strangers to drive to work with you so you can make it to your job. police looking for two little boys ripped from their mother in floodwaters, huge waves tossing them all into the, the boys ages 2 and 4. and the reality of sandy's devastation sets in for millions of americans. there are serious concerns about whether the damage that has been done could keep people from voting in the presidential election five days from now. the president is back on the campaign trail after taking the last two days to monster the storm. governor romney crisscrossess the country to speak to voters in a number of states. in some places people have already cast their ballots, and some new research is showing us that the president is not

apparently enjoying the same early voting advantage he saw back in 2008. according to pew research at this time in 2008 the president was beating john mccain in early voting by 19 points. democrats are famous for their get out the vote effort that precedes election today, early voting tends to favor them. look how it did in 08 obama 19 at that time. fast ford today, governor romney is beating president obama by 7 points marking a 26-point slide for the commander-in-chief. chris stirewalt is our fox news digital politics editor and host of power play on fox news.com. is that correct, chris? the early voting tends to favor the democrats. it seems like republicans don't like early voting, they complain about it because it favors the other side but not so according to this poll in this election. >> that is exactly right, megyn. the truth is democrats have long pushed to extend voting as long

as possible. no election day, they want election month. they want more times to get their voters to the polls. there are more democrats than republicans. republicans vote with higher intensity usually than democrats. when we see a pupl lik number like pew's that the republican candidate has gone ahead when you're talking about a challenger that is remarkable indeed especially in a race that is shaping up as a dead heat. megyn: how does that relate to what is happening in the swing states. that's a national number on the pew poll. the national numbers are the ones we care about. >> we care about all the states. megyn: no we don't. i live in new york, new york is not going to determine the outcome of the election and you know that. >> i know, i know, you guys have had a rough run up there, i was trying to be nice. megyn: new york would like the truth, stirewalt, that's what we like. >> this is washington.

we do it the other way. the truth is that in states like colorado and virginia we see a lot of good signs for mitt romney. states like ohio we can continue to see signs that should bode well for barack obama. it's very hard to say, but when we look at this national number where you have states that are no intensely democrat like new york and california, and you have states that are intensely republican bike texas and alabama there should be a pretty substantial offset there. whatever the reality in that dozen or so 11 or 12 swing states, whatever the reality is the much wanted ground game, the argument that we heard from chicago over and over again, that they might lose on election day but they'll win the election because of early voting doesn't seem to be shaping up that way, that's why we are in the final days of this election in a dead head. megyn: karl rove talked about ohio and early voting and absentee ballots that were requested. he says back in 2008 barack obama his margin of victory --

start with me on the bottom of this graphic you're seeing. obama's margin of victory in 2008 it was 260,000 votes. i'm rounding. he says already in ohio we've seen a swing towards the republican that has wiped out almost all of obama's margin of victory in the early voting or the number of absentee ballots cast for requested. he says, look the democrats 531,000 votes have already been cast or absentee ballots requested or cast. he says that is down 181,000 from four years ago. republicans, 448,000. they are not doing as well as the democrats, but they are doing better than four years ago. the democrats are doing worse enough in ohio and the republicans are doing better enough in ohio that the republicans have wiped out the margin of victory president obama had there four years ago. your thoughts on that?

>> my thought on that is it's going to be a late night on tuesday. ohio is going down to the wire just like the rest of the country. on the decision desk we will have our green eye shades on prepared to tell you the latest. the latest will probably be pretty late. megyn: before i let you go any chance all this stuff we're hearing about power outages, them having to move certain election places, you know, two-thirds, some really high number of voting places now have electronic balloting, which requires a plug and power, a lot of which we don't have here in the northeast, does this affect election day in a way where the vote gets affected? >> well that is certainly a concern that local and state election officials are expressing. when you're in a place like new hampshire or virginia this is a very real consideration where you have lingering power outages, and when you have a race this close anything that makes it difficult for anybody to vote in any precinct could be a very big deal indeed. megyn: they say, yeah, two out

of every five counties in in country use electronic voting machines. obviously those require power and they are already saying some fire stations, schools, community centers and other venues will have to be cleaned up. you have to double-check if you know where our polling station is that in fact it's opened, available to you and hasn't been moved because of sandy. chris, thank you. >> you bet. megyn: the green eye shades, there is an image for you. with early votes being cast in some states we are seeing and 11th hour controversy bubble up on the campaign trail over an ad from governor romney that some fact checkers are calling a fat out lie. >> mitt romney has a plan to help the auto industry, he is supported by lee eye a cocoa and the detroit news. obama took gm and chrysler into bankruptcy and sold chrysler to italians who are going to build jeeps in china. megyn: stu varney walks us through facts and fix with one

of the hottest topics on the campaign trail with five days to go. new york city commuters enduring hours and hours -- normally we have an hour, hour and a half commute, that is not unusual for new yorkers. we are talking four, five hour commutes in bumper-to-bumper traffic to get in and do their jobs. like everyone else in the country the folks that work in manhattan need their paychecks. we are seeing vehicles packing the gas stations that still have fuel. some waiting in lines that are miles long but patients is not long it is short and it is getting shorter by the day. trace gallagher following the traffic nightmare, trace. >> reporter: before i show you more of the crazy pictures megyn and they are crazy i want to give you the problem in a nutshell, the new york metro area gets 25% of its gas from two refineries, those refineries are shut down. the new york harbor 20% comes through the new york harbor it's shut down. the gulf coast pipeline 15% comes through that, that is now

shut down. 60% of the gas that comes in that region is not getting in, and so what happens is the reason you have these long lines you're about to see is because the gas that does get through has to be delivered to stations that actually have the power to pump the fuel back out. so drivers are actually roaming around for hours looking for open stations and then when they finally find the stations they wait for hours to actually get the gas. gas that normally takes 24 to 48 hours to sell out is selling out in three hours. listen to some of those who were in line. >> we got here about 6:15, 7:30 now, about an hour and 15 minutes, figure we'll be here at least another hour good it's very frustrating. i'm trying to get to work. left my house at about 5:30 looking for some place open, find this and the line is still long. >> add to that taxi companies and car services pulling their cars out of service because they can't fuel them up.

look at this. i mean this is traffic before dawn this morning because the rule is on the bridges and tunnels that come into manhattan you have to have as you said earlier, megyn three people in each car or they won't let you through. a lot of people tried to beat that rule by getting in early, purely you can see it did not work. you've got the trip from brooklyn into manhattan which is three hours and 45 minutes to travel 11 to 13 miles. three hours and 45 minutes on average this morning, and that's why you've got these massive, massive lines. by the way the gas prices if there is any good news the gas prices dropped 6-cents from last week, so if you can get gas, megyn, it's cheaper than it was at this time last week. megyn: think about it a lot of the train system has been shut down in and around manhattan, folks have to use cars or car service and they may not know two other people who are coming into manhattan in their town. a lot of these folks are younger, they don't necessarily have friends who work in the city you've got to go what,

knocking door to door saying manhattan? manhattan? you? will you ride with me? what kind of position does that put you in? you've got a stranger in the car, it's what your mother told you never to do, don't put a stranger in your car and yet we have such gridlock in manhattan that the mayor had to do something, people are immobile they can't get around. >> if you got to the checkpoints after 6:00 in the morning they turned you back. the rule was the rule. megyn: look for the emergence of the carr board heads. people used to beat the hov requirements, they see the man kins when they pull you over and see you lied. trace, see you. wasn't me, i didn't do it. more fallout from the storm ahead, plus serious questions about the administration's claims that the deadly terror strike in benghazi came without any warning. we'll detail the brand-new documents that fox news has obtained, classified documents, that suggest a completely different story. and the backlash is growing after governor romney released

an ad saying jeep is now building vehicles in china after taxpayers bailed them out. we did some fact checking to see whether that is correct. stu varney is live on that next. and new reports of a hidden vote, with five days left to go, why some are saying it suggests a romney landslide? >> there is no question in my view that we really can't have four more years like the last four years. i know that the obama folks are chanting four more years, four more years but our chant is this. five more days. five more days. [cheers and applause] [chanting]

megyn: fox news alert just coming in on our news wire the defense department says it is flying 17 aircraft from california to new york loaded with power generation equipment and crews to help restore power to the millions of homes and businesses devastated by

hurricane sandy. there are a lot of folks here elderly, babies and so on living in homes that have no power, no heat and it is getting colder here in the northeast, and they are saying no end in sight in many places. people talking about perhaps a month without power. the pentagon says the equipment is being provided by southern california power companies, including con-ed and pacific gas and electric company. we will update that a bit later in the broadcast. we've been watching a major campaign controversy unfold this week over a new romney campaign ad, just when you didn't think anybody could shock anybody, this ad says the u.s. bailed outcries her and that chrysler is now going to go build jeeps in china democrats call the ad a flat out lie. take a look for yourselves. >> mitt romney has a plan to help the auto industry. he is ooh ported by lee iacocca

and the detroit news. obama took gm and chrysler into bankruptcy and sold chrysler to italians who are going to build jeeps in china. megyn: joining me now, stu varney. they say -- first let's start with obama took gm and chrysler into bankruptcy. >> and sold chrysler to the italians who are going to build -- megyn: stop there, took gm and chrysler into bankruptcy and sold eye chrysler to the italians, true or false. >> true, yes. megyn: sold it to the italians who are going to build jeeps in china. they are going to build jeeps in china. >> yes, confirmed today by the ceo of chrysler. he said in a statement, chrysler is interested in expanding its customer base which can only be done by establishing local production. he goes onto say we intend to return jeep production to

china. that is from the ceo today of chrysler. the ad is accurate. the italians, they own chrysler, they are going to build jeeps in china what chrysler is not going to do is move u.s. jeep production jobs out of america and go to china. megyn: this is in addition to -- >> yes. megyn: -- their production facilities. >> go back to the ad. the ad does not say at any point that chrysler is going to move u.s. jeep production to china it does not say that. it simply says, chrysler was sold to the italians who are going to build jeeps in china they are expanding production in china. megyn: what is romney getting at here, that barack obama is touting himself as having saved the auto industry but this was a bad investment because now that the italians are running chrysler, they don't care, american, chinese it doesn't matter to them they want to sell the cars. >> i think he's getting at the

idea of out sourcing. bain capital, romney have been criticized for outsourcing jobs. now romney is saying, well chrysler is outsourcing jobs. think about it. we did indeed rescue chrysler with american taxpayer money. we sold it to italy, which is now expanding jobs in china. that is a form of outsourcing, isn't it? so romney is criticizing the obama administration for what the administration has been criticizing romney for doing. megyn: aren't we just as -- if we bailed them out don't we just want them to make a profit so that they can pay us back and do we care whether they do that in chin united states? >> you're making far too much economic sense. this is not economics this is politics. megyn: this is a tit for tat. i outsourced, you outsourced to. >> no, this is a very serious drag out argument. the democrats are really going strong on the idea that romney

lied in that ad. he did not lie. he did not say that u.s. jeep production is being moved out of the country, he didn't say that. he was simply, flat out accurate in saying that we rescued chrysler, sold it to the italians and they are now going to build jeeps in china, accurate all the way down the line. megyn: thank you. >> you are welcome, megyn. megyn: thanks, stu. >> we have told you about the international election monitors who are planning to show up at polling stations across the u.s. on election day. now we're hearing a second state, first it was texas, now we'll tell you who threatening legal action if the monitors get anywhere near those polls. plus, two days after hurricane sandy most of the commuter rails are still crippled, subways barely running and lower manhattan is a mess. tens of thousands are still

however planning to attend the new york marathon this sunday, exactly how is that going to work? trace gallagher looks at the challenges coming up. >> the marathon is not going to redirect any focus, keep in mind by sunday we'll have electricity back downtown, that will free up an enormous number of police, but also we have the city -- a city where we have to go on. there are an enormous number of people here.

megyn: a new twist today to the story we brought you about international election monitors going to dozens of polling places across the united states on tuesday, election day. the monitors were invited by groups like the naacp to look for signs of voter suppression. we did the story, the texas

attorney general warned these folks that they would be arrested if they got close to polling places in the lone star state. now iowa has sounded a similar warning. this ought to be interesting. well turn now to coal country, the swing state of ohio likely to play the deciding role on tuesday in deciding the race for the white house. in 2008 the united mine workers endorsed senator barack obama. it is no longer backing mr. obama for president. steve brown live from columbus, ohio with the story on why. steve. >> yeah, megyn the united mine workers of america decided to sit this one out, if you will. the two things you need to know about eastern iowa, southeastern iowa is this. one, that it's among the swingeist areas of the state that they split tickets a lot out there and it's up for grabs. two, coal is huge and provides some of the best paying blue

collar jobs. it is not unusual for someone working in mining out there to work 60, 70 hours a week with really terrific benefits. and given the overall economic picture out there it provides some of the best employment opportunities outside of retail. >> it's the only job around here. i mean if you're not in the medical field, coal minor, steel millions are shut down. they sent those to china you've got school teach, medical, coal mining: toxins coming out of smokes tax have put a crimp in coal fire electric generating plants. a dozen of those have shut down in the state of ohio. as a consequence so say coal mining operators seven mines in

the state have been shut down. production is level from where it was two years ago. a lot of folks in ohio wonder what if there were more people working at jobs that are so sought after. republicans and democrats are out there this week and through the weekend trying to claim those jobs and a lot of folks are having long discussions about how the president is going to deal with the coal industry going forward. megyn. megyn: steve brown, thank you. new fallout from a fox news exclusive report that shows employees at the u.s. consulate in libya in benghazi had warned the administration about a nearby al-qaida training camp and a possible attack almost a month before the lives of these four americans were taken. we will look at the latest development and a report that suggests the president was briefed on possible 9/11 threats one day before the attack. and there are an estimated 28 million rats living in the greater new york area.

how do they know that? how do they count them? how do they round up 28, not 29 million. so when the floods rushed in, where did all the rats go? trace gallagher has an update on that. the president's team says he will use a more affirmative message in the final days of this campaign. after four months of ads and surrogates who labeled governor romney a murderer and more, will that secure him any more votes? my doctor told me calcium is efficiently absorbed in small continuous amounts. citracal slow release continuously releases calcium plus d with efficient absorption in one daily dose. citracal slow release. campbell's has 24 new soups that will make it drop over, and over again.

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megyn: new questions about the obama administrations claims that it had no prior warning about the deadly terror attack in libya that left four americans dead. fox news reviewed a classified diplomatic cable that was a warning from those at the mission in benghazi to the state department warning the state department weeks before the deadly attack of september 11 that al qaeda had training camps in benghazi and the consequence latd could not sustain a coordinated attack. catherine herridge has more from washington. >> reporter: the classified cable reviewed by fox is a direct warning that the complex cannot be testified. that the militias are everywhere

in benghazi. the libyan militia charged with protecting the consulate cannot be trusted. they were hesitant to share information with the americans. an intelligence source on the ground in libya told fox news shortly after the attack that the 17 february brigade was nowhere to be found. it had melted away. this information suggests the brigade had been infiltrated by extremists. the administration's initial statements about the attacks are further challenges. >> one could ask why didn't the state department respond to enhanced security in benghazi with the kind of information this cable reveals. there is a number of explanations that come to find. but to me it's the ideological explanation that the war on terror is over, al qaeda has been defeated.

>> reporter: the state department refused to answer questions about the cable citing its classification. adding once we have a comprehensive account of what happened findings and recommendations we can fully address these matters. what's significant about the cable is it foreshadows the coordinated attacks that killed those four americans. al qaeda in north africa and this group ansar al-sharia are specifically mentioned in the cable and they are implicated in the attacks. this foreshadows how the ambassador died a month later. megyn: just before catherine broke that story we got reports president obama attended a briefing september 10 to quote evaluate 9/11 threats. this is consistent with what jay carney said before the microphones not long ago.

raising questions about whether the benghazi warnings came up at that meeting and if not, why not. joining me now, mark theisen, former speech writer for george w. bush. he broke if the news on the briefing on september 10. also simon rosenberg. he's the former campaign adviser to bill clinton. gentlemen, welcome back. catherine has broken this news. it's a classified cable. but she is our chief intelligence correspondents and she has done great reporting on this story and many others. she says that they were warning -- they were saying we need extra help. they were saying the libyan mission cannot be trusted. they were saying the died are related groups are becoming more brazen and they have little fear of reprisal. now, you confirmed with the administration that the president was briefed about 9/11

attacks the day before. where does that leave us? >> the question becomes what was he briefed on about libya in that meeting. there is nothing listed for september 10, 2012. but an official confirmed he did have that briefing on 9/11 threats and mitigation efforts. the question becomes in light of catherine's reporting that there were multiple warnings coming through the system that al qaeda was swarming over benghazi, they had 10 camps in the area. that the embassy -- the consulate couldn't with stand a coordinated attack. was the president told in that september 10 meeting about the deteriorating security situation in benghazi? if he was not told, then what we are dealing with is gross negligence and a massive intelligence failure. if he was told an went out for weeks and blamed it on a youtube video we are dealing with a massive coverup. either way the american people

have the right to know. megyn: that becomes the problem. whether the president should tell us this was highlighted by the state department or intel communities. was he made aware of the ambassador's pleas for more security leading up to the 9/11 anniversary which would be the day he died? >> i'll agree with kon with cona rice. all the pieces of the puzzle have to be put together. clearly mistakes were made. no one is saying this was well handled, well done. we lost a wonderful ambassador and three other men. our hearts go out to their families. mistakes were made. there is an investigation going on. the idea that in some way our government doesn't want to do everything it possibly can to protect all the people that work for them in these troubled regions of the world is ridiculous. what can we do to improve.

i think that i'm with condi rice on this one. let's see how the investigation goes. megyn: should we be letting the investigation play out, the bipartisan senate panel is investigating it open an internal basis. should we be letting that play out or "the washington post" columnist david is nacolumnist e washington post" columnist said we need answers before tuesday. >> we know on september 10 the day before the attack the president had a meeting with the secretary of state, the secretary of defense to go over 9/11 threats and mitigation efforts. was libya discussed in that meeting? were these reports brought up in that meeting and was he briefed on that? did he know about the deteriorating security situation

in benghazi? that's important. if somebody told you that there were bands of arsonists roaming around in your neighborhood and your house was in danger of being destroyed and your house was burned down you wouldn't blame spontaneous combustion. if they were warned the embassy was in danger of a coordinated attack, why did he blame a spontaneous protest for weeks. >> he never blamed a spontaneous protest. he did not. the president did not do it. >> he said it repeatedly. >> the president of the united states never blamed the spontaneous attack in his statement. megyn: he linked what happened in benghazi to the video. >> he sit was a terror attack the first day. >> he repeat over and over begin the was a spontaneous protest. why did susan rice go on the

sunday shows and blame it on a spontaneous protest. >> that's pure fiction. what she said was on the air. i debate this five times on this air. what she said was there were protests outside, but then they were taken advantage of in a military-style attack. she never said the guys climbed the fence like what happened in cairo. there was clarity from the very beginning in this administration about what happened. what we didn't know is who and why. and that what's we are struggle something try to find out today. megyn: simon, do you deny the president linked what happened in benghazi to the video? >> the administration did. megyn: the president did. >> the idea that he blamed it for weeks. megyn: just if we -- i'm asking you. because i understand your argument. but when i listened to the president in the days after, there was no question that he was linking what happened in benghazi to the video. there was no question that he was doing that. >> what i have said on this show

governor i don't think it matters. megyn: that's a different argument. that's different than you saying he didn't make the linkage. that's what mark is taking issue with. >> i'm saying it doesn't matter. what happened is what we knew from the beginning that it was a military-style attack. what there was confusion about inside the intelligence community and state department, cia, everybody, was what exactly happened. it took two weeks for the intelligence consensus to settle down which is pretty quick as far as these things go. and so we now know what happened. there was clearly confusing stories. >> there seems to have been confusion in the intelligence communities. and the state department, i don't know. the state department says that stuff about the video didn't come from us. that was not our conclusion. they watched it unfold realtime and realtime apparently concluded this was an act of

terror. there are still so 15-minute questions. >> that's what the president said the day after it happened. megyn: even though he used that term, he declined specifically repeatedly to confirm in the affirmative when he was asked was this terrorism. he kept saying we have to let the facts play out. you can't say by using the term "terrorism questions was saying it was an act of terrorism. you understand why people are confused, right? >> two weeks later at the u.n. he did not mention terrorism but he talked about the youtube video. administration officials talked about the youtube video. i iced to write these statements in the white house. if you are not sure of what's going on you don't write things as definitively as they did. this was a coverup. megyn: we have michael barone coming up and we want to hear from him. five days out and there are a range of voting concerns in

ohio, including questions about provisional ballots. absentee votes that may not count and voter machine problems. we are live in columbus on that. while all the polls suggest a tight presidential race. we are hearing about a hidden vote that may lead to a romney landslide. a winter wonderland doesn't just happen.

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megyn: five days ago and the polls have tightened. analysts seem in agreement this is a close election. it got our attention when we saw analysis suggesting governor romney could see a landslide win thanks to what is being called a quote hidden vote that may not

be showing up in most polls it's based on an npr poll suggesting the president's team is behind governor romney when it comes to independent voters by 12 points and a cbs "new york times" poll that reflects the same numbers. a deficit for the president when it comes to independent voters. how does this work? michael barone is the senior political analyst and fox news contributor. i guess the theory is the republicans and democrats will be split and the independents will make the difference? and romney is winning with them? >> that's the theory. 2008 democratic party identifier outnumbered republicans 32 points. 2010 party identification was even. that's from exit poll data. if the parties are even in strength as when they are in

2004 and the 2010 off-year election then the independents are going to swing it because party identifier these days are strong partisans. you are getting 90-plus percentage of democrats for obama and 90% republicans voting for romney. weir we'll see something other than a 1% race in the presidential contest. megyn: if that's true why don't we see bigger numbers for mitt romney in states like ohio and iowa and these other critical states that may be required for him to win. >> we have seen in ohio romney has been leading among independents in most polls. but a lot of those statewide polls have been getting electorates that in party identification terms are more democratic than 2008. that seems counter intuitive. but those are the results they are getting. i think there may be some systemic problem with the polls,

megyn. the polling theory of practice were developed in a nation that had universal land line telephones in a population that answered the phone. we don't live in such a nation anymore about a third of the americans are cell phone only households. that's a big change. the pollsters are trying to accommodate that and trying to reach cell phone only households. but they have difficulty doing so. it's expensive. and the tendency may be to cut corners and to have a loose the screen in some of these statewide polls. that is to say, don't try to cut count number of responses you count as likely voters but ask simple questions that will allow almost all registered voters to fall into the likely voter sample. megyn: when you read the articles what i take away from them is there is a frustration on both sides. democrats and republicans who usually say they know say they don't know.

it seems like most of them said back at this time in '08 they knew john mccain was going to lose and they don't know what's going to happen this time. is that how it many shaping up? >> that's a realistic view for voters to take given the data that if barack obama wins with it won't be by the margin he won in 2008. there is almost no evidence suggesting he might get a bigger margin. that's an intelligent conclusion for voters to come to. the question is what kinds of motivation is that going to be? most of the polling questions that are used to try to gauge the degree of enthusiasm of voters suggests that republican voters and romney supporters are considerably more enthusiastic, pumped up and eager to vote than democrats. megyn: enthusiasm could be the key. we'll see you tuesday. president obama recently promised he would reintroduce

legislation to ban assault weapons. we'll take a look at how this will play in the battleground states. stay with us.

megyn: the new york marathon will go on this sunday and we hope none of them will be used for target practice. we had video about the gun story and the two came together in a bad way. but this sunday some 50,000 runners from around the world are going to take part in this race. not to mention the peck dayer toes who come. with the commuter rails stalled. subways barely running. how is the city going to pull

this off? >> reporter: i had no idea they were going to bring the guns out. megyn: i said the wrong thing again. >> reporter: they are trying to then it ranks. they are allowing the runners, 47,000 to bow out without any penalty. all you have to do is e-mail them and they will move your entry to next year. so far there has not been any spike in cancellations. these runners are planning to find a way to the starting line and some residents think that's a bad idea. >> i think the marathon should be rescheduled. for everyone the safety of the people that want to watch. >> reporter: the focus is about the race itself. opening ceremony. the parade of nations have been canceled as have the 5k run before the race. the race course we are being told was largely undamaged. there will have to be extensive

cleanup, especially in central park which is a mess as you can see there. transportation so theg to people can get in and out of the city with no problem. but the mayor believes this race will give new york a boost. listen. >> there is an awful lot of small businesses that depend on these people. we have to have taken economy. already lots of people that have come here. it's a great event for new york. i think for those who were lost, you know, you have got to believe they would want us to have an economy and have a city going on for those that they left behind. >> reporter: $350 million economic impact it brings to the city. megyn: we are a city of survivors. trace, thank you. also from new york there are an estimated 28 million rats living around the city. where did they go when the flooded waters rushed in?

we are watching governor romney in the battleground state of virginia. five days left, folks. we'll take you there live. >> i believe -- temperature [ man ] december 7th.

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call today. ♪ megyn: fox news alert president obama and mitt romney make their closing statements to the american people with just five days to go. i'm megyn kelly. we are awaiting remarks from governor romney. he's expected to speak shortly in virginia. it's the second of three events the governor is holding today in that critical battleground state. if you want to know what they are worried about look where they go. governor romney all over virginia and the president, wisconsin, nevada, colorado, ohio, and all the swing states you might expect. his running-mate congressman paul ryan turning some of the western state in colorado,

nevada, reno and vegas. president obama hitting the campaign trail in earnest after taking a break for three days because of hurricane sandy. he started his push in green bay, wisconsin. the president is on his way to vegas. then he will go to an event in boulder, colorado. head together all-important state of ohio. ed henry joins us live from vegas. he goes along for the right. that's where the president's next event will be in a few hours. >> reporter: you can feel the intensity. we reached the final stretch. the president's aides are describing this as the final five days of his last campaign. win or lose he's not going to run for office again. the president unveiling a new wardrobe and new message. you see him with that air force one bomber jacket that says

commander-in-chief. he had a new message in terms of a closing argument. his aides say this will be his final pitch. he has been negative on mitt romney. these last days will be more positive about what he thinks he can do in a second term. >> what they are kowrnlting on now is that the american people will be so worn down by all the squabbling, so tired of all the dysfunction that you will reward obstruction and put people back in charge 240 advocate the policies that got us into this mess. harmess. hard imess. their bits on cynicism. my bits on you. report are's going to do a second stop in wisconsin and milwaukee. this is a battleground that's have much up for grabs. he has to spend attention to

where they are spending late money. they put money into minnesota, and states they hope to block out a long time ago. the obama camp says that's only because republicans are spending money in those states as a hail mary thinking they can wrest away those battle ground *. david axlerod said he will shave off his mustache if romney wins the battle ground states. we know jay carney and the rest of the white house staff are doing this for superstition. will david axlerod shave after the election? megyn: men are weird. >> reporter: don't get me started. the thing about the bomber jacket. barack obama commander-in-chief. governor christie wears that fleece that says chris christie,

governor. do they need that? >> reporter: is there anybody that don't know chris christie is the governor? megyn: or obama is the president? >> reporter: you should get one that says anchor. megyn: they will say who cares. when the president speaks later today we are told he will use a moderate positive message in these final five days. taking a kinder, jernlter approach you might say. but with such a short amount of time is this too little too late for a campaign that's been criticized for its harsh attacks on governor romney? now to the aftermath of the monster storm that left millions in damage behind. mayor bloomberg says new york city homes to have power completely restored in 10 days and they are hoping to have water pulled out of the flooded subway tunnels. but there are questions about

what was in those tunnels before water washed in. we are talking about millions of rats. >> reporter: normally the flooding drives the rats out of the tunnels onto the streets. the fear is you have these rats roaming over the streets of new york. so far that has not happened. experts say that's because they believe the water rushed into the tunnels so fast that the rats even though they are good swimmers, didn't have time to escape or they got stuck beneath the grates which means millions of rats drowned. the big bad rats that did get out will get bigger because they will have garbage to feast on. for resident the health risks depend on how quickly the subways can be cleaned up. live rats can move from place to place bringing disease from place to place. that is a big concern. despite the myth of the rats being as big as cats in new

york, not true. they get to be a pound. and there is not 28 million rats in new york city. there are 20 million 12 rats in new york city. no one knows. megyn: where do we find the radio of the rat with the pizza. >> reporter: is that real? megyn: the first it was they are the cutest rats i have ever seen. then we got to the good stuff. >> reporter: that's a third strike, by the way. megyn: like we don't have enough to worry about in new york. the emergence of the super rats. all right. there you go. welcome to new york. if the rats aren't bad enough, people in the storm-damaged states are dealing with floodwaters filled with dangerous bacteria, sewage and gasoline thanks to the leaking of the sewers.

dr. fershine, they have done some testing on the water that we see people wading through to get back to their apartments and it's full of e. coli and other nastiness. what are we to do? >> this is a potential disaster after the disaster. water is critical. we need it every day and we need a lot of it every day. in areas where we have been told there is contamination due to flooding, well water, streets which have been flood and municipalities that only have their well water. we have a problem right now. what we need to tell our audience about is thing that they need to watch for and in particular what they can do about it. megyn: you were saying adding chlorine bleach to water? >> we only have a few choices in areas where there is contamination.

you can boil water for about a minute and you have to bring it to a full boil. that means you have to see the water bubbling for a full minute. the second thing you can do is add chlorine bleach to it. 8 drops for every gallon of water. if it's clear. if it's cloudy you have to double it. megyn: if i have water with sewage and gasoline in it i can soft problem by adding bleach or boiling it and then i'm supposed to drink that water? >> no. if you see that the water is running clear you still need to make sure that you don't use the water at all. so you need to use bottled water. in situations where there is no other water available and the water is running clear or lightly colored, you can add bleach to it or boil. it will take out most of the bacteria and most problems. but you cannot get rid of the gasoline or oil.

megyn: you wouldn't be drinking that water. >> you can drink that what for but you need to be careful -- if you see water on the streets, you can't go and touch that water. megyn: what about bathing our children. >> particularly the elderly and the children. if you believe your water may be contaminated they are recommending to be extremely careful with people who are compromised. in the case of children, they might ingest some of that water and that may have contaminants tonight and that's where the problems arise. megyn: new york city took such a hit. but most of the city is not under a warning and been told to boil water. can you trust the sometimes water supply? >> at this point the environmental protection agency has tested the water for new york city and determined the water is safe for consumption.

many municipalities are adding extra chlorine to take extra precautions. it has been deemed safe so far. megyn: they say the air was safe after 9/11 and now people have died. >> i think bottled water is a safe way to go. megyn: what about showering? you don't want to put your kid in a bathtub full of e. coli and gasoline remnants. >> until we have this sort out we have to be extra careful. at this point i believe it's safe for people to shower or bathe in the water. the important thing is to keep that water away from their mouth, away from their ears where infections be enter their body. they need to be careful if they are entering areas where there might be flooding, wear protective garments and watch their children and their pets. they can go out, walk around in some of this polluted water.

bring it back into the house and then you have got that contamination on your body. we need to make sure people take those precautions as well. megyn: we saw this in the aftermath of katrina and now we are having it here in new york. doctor, thank you so much. five days until election day and there are voting concerns in ohio. we are hearing questions about provisional ballots. absentee votes that may not count and voter machine problems. new trouble for storm victims. no power, no heat, no fuel for cars and now allegations of price gouging. we'll investigate. the president says he will use a more affirmative message in the last days of the campaign. i'm a conservative investor.

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megyn: reports of price gouge for post-storm necessities sparking an investigation. new jersey's attorney general's office is hearing some stations are raising their prices by 30%. that's illegal under new jersey law which bans price hikes of more than 10% during an emergency. dr. forsheim said you can buy kits online that will test your water. but some say they are not that helpful. there are reports president

obama is going to finish the campaign with a kinder, gentler message than we have heard. this comes after move personal attacks against governor romney. and a swing state campaign that is focused more on attacking his rival. >> it says character is what we do when we think no one was looking. mitt romney thought no one was looking when he attacked 47% of americans. >> he outsourced manufacturing to companies including china. megyn: you get the flavor. joining me to skits, ben ferguson and marjorie clifton, a former consultant to the obama campaign and clifton consulting. i love politicians because they don't -- they have forgotten the magical world of videotape where

we can rewind and see what they have been saying. both sides do it. can barack obama sell this positive vision after weeks and months of the messaging that he has been using to pummel mitt romney as the person to walk the face of the earth? >> i don't think any efforts at this point will change anything. most of the people in the swing states probably turned their televisions off. these adds are running on both campaign and sometimes they are running the same ad back to back. in politico there is a video of a 4-year-old girl saying i want the election between barack obama and mitt romney to be over. i feel the same way. megyn: it reminds me of that "saturday night live" skit about joe biden. scranton, pennsylvania, i love it, it's hell on earth. the messaging is conflicting and there is a question about

whether barack obama can sell. mitt romney is a good guy. we are all good. but i have the better messaging, vam buyer, vulture, outsourcing. >> tax cheat. this guy is a bser in "rolling stone." now the campaign goes we are going to have barack obama affirm people's beliefs that we are doing better. we'll have an affirmative viewpoint and make every one love one another. remember those words hope and change? they are trying to use every word they can that's almost hope and almost change without using it. his own campaign staff, they are just nailing mitt romney with every negative thing they can possibly do right now in the swing states. even on their own twitter accounts as the campaign is claiming we are going to bring people together and all love each other. i don't bite for a second.

megyn: we -- i and a most of my viewers are political no advises. we haven't worked on campaigns or anything like that. so it's probably no surprise to you. but there is still a part of me that feels shocked at the fraud that politicians on both sides engage in with us. >> many still surprising. as it goes on through history and continues the same. what i would say is the campaigns always want to be on the offensive. that's a rule of thumb. the name calling has been prevalent. they called obama a socialist and racist. there has been name calling for mitt romney as well. it's not a positive thing. i think hurricane sandy might have bee been god weighing in sg enough. what it does is unify the country in some unique ways. it was nice to see some bipartisanship at least during the storm.

megyn: it reminds you that first and foremost we are americans, we are have so much more in common than we do that divides us, and things like a national tragedy like that can bring you together. it won't change people's votes. but also there is a question about whether the positive messages in the last five days is going to change somebody's vote. >> i don't think the positive messaging is. i love seeing chris christie and barack obama with people that are hurting. i like seeing taking the politics out of it. but at the end of the day there is an election on tuesday thank goodness, and everybody i think knows that campaigns are not this whole let's come together and for the president to try i think in the last couple days, i think voters are smarter than that. they have been around for the last two years. the last six months and three months since the first presidential debate they know they don't like each other. they know both campaigns can't

stand each other. for them to say we are going to have the president walk out with an affirmative message of coming together, this is not four years ago. this is not hope and change and a guy -- he's a politician now. megyn: you worked on the obama campaign four years ago. do you see a difference in the candidate and the messaging. >> in the end it's a belief in the american people. while they are going after each other it's a belief in america and it's a good way to end the show. megyn: i don't know. all right. okay. another day i would like to ask you whether you think there were any poll nicks those politicians walking around touring the damage. they say all politicians are always politicians and always looking for a moment to shore up reelection. that could be true. >> you saw that happening on both sides. megyn: okay, guys, thank you.

the president recently promised he would reintroduce legislation to ban assault weapons. we'll take a look at how that may play on tuesday. questions? anyone have occasional constipation, diarrhea, gas, bloating? yeah. one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. approved! [ female announcer ] live the regular life. phillips'.

megyn: the former university president, graham spannier, has now been charged with perjury, obstruction of justice and conspiracy and failure to report abuse in connection with the jerry sandusky convictions. this is significant. sandusky is the former penn state football coach who was

convicted this summer of sexually abusing ten boys. now we get word that the former penn state university president has been charged. more on that as we get it. well, back now to the monster storm and one of the most dramatic poststorm stories is unfolding in hoboken, new jersey, right across the river from manhattan where half the town was trapped in their homes by flooding and told they had to stay there. jeff flock of the fox business network live in hoboken now with more. jeff? >> reporter: they've gotten out, but they are now being briefed as the water has gone down by the town's mayor, department of energy, we're sort of listening in as the community gets its latest briefing. i've got a headline for you. two things, one, they say the power will be on sooner than 7-10 days they think, and also,

i tell you, i heard your discussion earlier, the line that got the biggest applause out here from the mayors or from the residents of hoboken was from the mayor who said she believes president obama and governor christie are working together to make things better for these folks. that got the biggest cheer. i think whether or not you believe that or not, the fact is that that is what most people want. and it was, you know, just a tragic situation out here. you'd never think people in hoboken would be flooded by the hudson river which seems so far away or so far down at least, but even in these apartment buildings they got water. it washed through the town, and it's going to be a big clean-up. so they're happy that they're all working together. this, by the way, i lee you with a -- leave you with a shot of mayor dawn zimmer as she continues to brief this community, megyn. megyn: jeff, thank you. here in new york, the folks who live in downtown mat hand tan, some of them have to leave their

apartment buildings for a month plus because there's been so much flooding, oil and so on. one friend told me she was given two hours to grab belongings, get out for the next month at least. just find someplace else to live. and there are people who live in that apartment building that have children, they don't know somebody who can put them up for a month. what do you do, where do you go? what do you do with schooling, and you have to go to your job to make money. those little stories are amassing to create a major tragedy. we are also following new voting questions in the state of ohio. could all come down to ohio on tuesday. could potential problems with provisional ballots -- that's what you cast when they're not sure if you are casting a legitimate vote, but they're already having trouble with them, and there's questions about whether they're actually going to be counting votes in ohio way past election day. we might not know on tuesday night who won. john fund is live in ohio next. plus, the media and libya,

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megyn: so two minutes after we're on debating whether we should believe the president's more positive message in the closing days before this election, we get this news from the vice president who's speaking to voters saying the following, this is moments ago: it's clear to me who has character and who doesn't. barack obama has the character of his convictions. he does not engage in deception, he does not mislead, he says what he means and means what he says, and no one can say that about governor romney. [laughter] so uplifting and positive getting us through to the last, the last few days before election day. okay, so it is five days to go, and we are starting to see questions piling up over in ohio, and they are important concerns about voting. they started with a range of questions over provisional ballots, we'll explain those in a minute, and then we heard worries about absentee votes that may not actually be counted and now reports about problems

with an electronic voting machine in one county where one woman claims she kept trying to vote for romney, and it kept coming up obama. and, of course, both campaigns have literally thousands of lawyers standing by for potential legal challenges. john fund is co-author of "who's counting," a book that examines the problems of our election system. john, already we're hearing about all these issues. i mean, we hear this every time, but this is from one voter, for example, in ohio who says it took her three times on the electronic touch screen of hitting mitt romney before the selection was accurately recorded. she said it kept coming up barack obama. she said, look, it's not me, i know how to do the voting, i'm well aware, it's something wrong with the machine, and i don't like it. and then you hear the electoral, you know, the polling station workers saying voter error, we'll look into it, it's nothing to worry about. >> it's sad because bureaucratic bungling undermines confidence in our election system, megyn, and i'm glad that machine has

finally been fixed. i think the real overall problem we have in ohio is you're not going to have to win just with a margin of victory, you're going to have to win with a margin beyond litigation, in other words, lawsuits. big problem. there are 800,000 absentee ballots that were sent out that have not yet been returned. if people get an absentee ballot that they requested and they don't mail it back in and then they show up at the polling place on election day and say i want to vote, the record will show, well, you also have an absentee ballot. that means they're going to have to cast a provisional vote which means we want to make sure that you actually can cast this vote and not vote twice. and here's the problem. those provisional votes cannot be counted for ten days after the election. megyn: oh, my. >> ten days. megyn: so, wait, just to back up -- >> 200,000 provisional votes of all kinds in ohio. megyn: just the back up a step, so if you request an absentee ballot, like you may work in a different jurisdiction, so you qualify, you need an absentee

ballot, and you request one, you get one from the secretary of state, and then you don't fill it out for whatever reason, maybe you're going to take the day off, and you want to show up and vote in person, they're going to say, no, you have to cast a provisional ballot, and if that's the case, they don't count that until november 17th? >> that is correct. i think we've made it too easy to cast an absentee vote in many states. in fact, applications went out to every ohio voter. so we, if the election is close in ohio and let's say ohio decides the presidency, megyn, we will have to wait ten days perhaps to see who actually won ohio and the presidency. megyn: unbelievable. they're also saying that a lot of folks in ohio, you know, those folks who asked for an absentee ballot but didn't use it, okay, they did something that may cost them, that may lead to them having to cast a provisional ballot, but there are lots of folks in ohio who through no fault of their own were entitled to an absentee ballot, and one was not mailed

to them because of a glitch, they said, in the state's dmv, i don't know, the partnership sharing. so a loot of folks basically got the short end, and they get to vote, john. we're going to have to wait for those votes to be counted. >> if they can be counted. you know, we've kept moving the voter registration deadline closer and closer to the election, that makes it more difficult for clerks to process everything in time. so, yes, some people were registering to vote, but the applications were slowed up because of the dmv databases, and now they can't get their absentee ballots in time. so, again, another bureaucratic snafu. this is why i say in my book "who's counting," megyn, we have the sloppiest system of any industrialized democracy. we have two million dead people on our rolls, four million people registered in more than one state, one out of eight voter registrations are invalid or contain errors. those are the pew center on the

state's research numbers. so i think this is a wake-up call. we've got to invest some more money, some more effort and some more time to make sure we get this right. megyn: that's why there's a saying among election workers, please, god, let it be a landslide, but it's not likely to be in the state of ohio, john, and i know both sides worry about the other side stealing the election. how could that be done? >> well, there are several ways. one is the absentee ballots are out there, and anything can happen to them. you can steal them from mailboxes, cast them from empty lots, you can intimidate someone into voting a certain way if they're married to you or a union member, all kinds of things can happen with absentee ballots. then there's voter impersonation. you can literally go in and vote in the name of a dead person. they're not likely to complain. and i don't believe they deserve representation without respiration, but sometimes that happens. [laughter] megyn: and we'll leave it on that. you've given us something to think about, john.

thank you, great seeing you. >> thank you, megyn. [laughter] megyn: that was clever. fox news alert, governor romney on the road in virginia, he's making several stops there today. that is a critical state for him. right now he's in doswell which is just north of richmond. let's listen in. >> i know that the president wants to see four more years, and that's his chant, four more years, four more years, but our chant is this, five more days, all right? five more days. [cheers and applause] now, the president, the president's been trying to find a new idea because he knows people aren't happy with what's happened over the last four years. we had three presidential debates, one vice presidential debate, and the president wasn't able to put forward a plan to get the economy going. he just says he's going to do more of the same. and he came out with a brochure lately, a lot of pictures in it, but again, no new ideas -- [laughter] to get the economy going. and then he came up with an idea

last week, he's going to create a department of business, all right? >> boo! >> i just don't think another cabinet chair is going to create the jobs that america needs, and so i'm in town to make sure we get a president who understands business as opposed to try to hire someone to the can cabineto has a background in business. [cheers and applause] his campaign seems to have been reduced to smaller and smaller things as people are facing more and more challenges and he's been looking for an agenda to carry forward in the campaign other than just forward, more of the same. why, he -- for a while there he was talking about saving characters on sesame street -- [laughter] and then it was word games with my name that he was playing, and then, of course, he got very anxious and went out there and just attacked me day in and day out. attacking me does not create an agenda for him and his campaign and his address is all about

attacking. we actually have a plan to get this economy going. [cheers and applause] we're going to put it in place to help the american people. [cheers and applause] you see, i fundamentally, i fundamentally believe in the american people. i believe in america. i believe that america's going to come roaring back if we do what we've done from the very beginning of the country which is to unleash the freedom and the freedoms of the american people and let them pursue their dreams. and so my plan is based on five key steps to get this economy going. and you know what they are. number one, take full advantage of our oil, our coal, our gas, our nuclear and our renewables. [cheers and applause] this is, this is kind of our economy's ace in the hole right now because some have discovered not just how to drill into the earth vertically, but then how to go horizontally and tap into pockets of oil and gas, so we have a lot more of it than we thought we had. and by virtue of that

technology, we can have north american energy independence within eight years, and that's -- [cheers and applause] that means jobs. that means jobs here or in the energy sector as well as in manufacturing. manufacturing uses a lot of energy. and energy here will be abundant and inexpensive, and so manufacturing's going to come back. and by the way, energy jobs and manufacturing jobs, they create hospitality jobs and restaurant jobs, a lot of jobs. this is, this is a big plus for us, and taking full advantage of it is going to get us working again. [cheers and applause] that's number one. number two, number two, just a little background. we're the most productive nation of any major nation on earth. now, productive means this, it means that when you add up all the things that are made in america including all the services that are sold in america, you add 'em all up and divide them by the number of

workers in our work force, the output per person is greater than other nations. what that means is that trade is good for us, and so opening up new markets for trade, selling our goods particularly in latin america, it's a huge market, growing market, growing middle class, we could expand there. i want to make trade work for america by opening up markets, and i also want to make sure that if nations cheat, if nations steal jobs by not playing by the rules, we hold 'em accountable. that's what i'll do with china. we're going to make trade work for america. [cheers and applause] now, number three -- number one is energy, number two is trade, number three is making sure that our workers have the skills they need. i want to -- you know, there are 47 different government training programs in the federal government. think of that, 47. reporting to eight different agencies. think of all the overhead, all the pure accuracy, all the bureaucrats. i'd like to take those dollars

and bundle them up and send back virginia its fair share and say, virginia, you run your program the way you think best for your own people. [cheers and applause] and i, i want to fix our schools, too, for the coming generation. i want our kids to have the skills they need as well. i think it's a tragedy that the nation that invented public education is performing in the bottom third or bottom quarter of education accomplishment. it's just unacceptable. i won't go through all of what you have to do. the key, by the way, is all about teachers. it's all about hiring the best and brightest, promoting the very best, making sure they're well compensated. the key is teachers. megyn: same speech we've heard governor romney make for the last few days, the closing argument, if you will, and we will also listen to the president as he makes his stops in the last critical swing states, all the ones you would expect, virginia, ohio, iowa, colorado and so on.

♪ >> my son violated his orders in order to protect the lives of at least 30 people. he risked his life to be a hero. i wish that the leadership in the white house had that same level of moral courage and heroism that my son displayed with his life. megyn: well, that was the father of tyrone woods, the former navy seal who was murdered on the attack at our consulate in benghazi, libya. joining us last friday on "america live" and making some news by asking for answers. about why his son's pleas for backup were repeatedly denied that night according to jennifer griffin's exclusive reporting. since then there have been major questions about where the mainstream media has been on this story. joining me now to discuss us, jonah goldberg, editor at large of the national review and a fox news contributor, he wrote about this in his latest column, and juan williams, a fox news political analyst. guys, welcome. >> good to be here.

megyn: mr. woods was right here on fox news channel, and he's made some news. he was very reasonable, but he was upset and accused those who refused his son the help he was asking for of murder. whether you agree with that or not, and clearly you don't, juan, it's news. and what's happening in libya is news. and jonah, i'll start with you since you wrote the column. why hasn't there been more interest in this story from others in the mainstream media? >> i think a lot of people are treating it as if it's some sort of unfair october surprise foisted on the news cycle by the romney campaign, but it's not an october surprise. it's news. it's real news. and i agree, i'm sort of with juan, i don't think grieving parents should necessarily be the pivot for how we discuss, you know, public policy or foreign policy. i thought that was true when cindy sheehan was being lionized by the mainstream media, and i

feel basically the same way with mr. woods. i feel terrible for him, but we shouldn't let it manipulate everybody with guilt about it. jennifer griffin's report about how the people on the ground were denied support is a big story. we talked about it a lot on fox, "the washington post," "the new york times," abc, nbc, cbs haven't talked about it basically at all, and i think that's outrageous. megyn: jonah raises cindy she man because so many in the mainstream media wanted to talk about her story and the objections to the iraq war and she was such a presence on the campaign trail when president bush was running for re-election, and so that was the plight of a parent that got a lot of attention. the plight of mr. woods, not so much. >> well, i think that clearly he's gotten lots of attention here on fox, and, you know, just this morning there was a column in "the washington post" by david ignatius talking about jennifer griffin's report, talking about the charge made by mr. woods. and, you know, i guess it was tuesday morning it was on the

front page of "the new york times," they had a column -- not a column, but a news story looking at all the reporting and allegations that have come around this story. so it seems to me that if you look also national journal has done an extensive study of this and said they didn't come up with any clear evidence of a specific story that would say, oh, there's a scandal here, you know, set off the alarms, let's get the headlines flowing. people have looked at it and made a news judgment. clearly, fox has made a different news judgment, and i think people should pursue stories. you look back at watergate, and sometimes there were lone news agencies out there pursuing the story that eventually blew up. the question is, has there been a specific piece of evidence here of some kind of lie or malpractice, malfeasance that you would say, oh, well, that's the story. i don't think we're quite there yet. megyn: none of what's come out would have come out at all if catherine herridge, jennifer griffin, our own bret baier, hadn't been pushing. none of this would have come

out. nobody else was pushing on it at all. everything we've learned we've learned through them, virtually, and ely lake over at the daily beast has been doing a good job on this too. but juan suggests there has been mainstream coverage. in your piece you talk about what happened on the sunday shows this past week. i mean, the three -- not chris wallace, but the other three of the four main sunday show hosts completely blew off libya. >> yeah. look, my point isn't that it hasn't been covered by any other media outlet, it hasn't been covered very much. and if juan thinks that this just doesn't rise to the level of a major news story, that's a difference in, you know, opinion about what constitutes a major news story. i think that when the president of the united states goes out, blames essentially the first amendment, blames a video, says that certain facts were true when they were not true, sticks to that story for a very long time, says that our ambassador, the first ambassador to be killed in 30 years, had ample security and then it's turned

out that was just a lie that susan rice had put out there, and you gone on and on and on. just last week the president of the united states said that he gave an order to protect our people on the ground, that was his first order that he gave, you know, that order was refused by his subordinates, or he's not telling the truth that he gave it. these things seem to me to be real news storyies. and yet if you look at the four out of the five shows, no one touched the story. david gregory said we'll get to libya later, but spent four or five minutes on whether or not some comments about abortion from an aaron senate candidate -- indiana senate candidate were the death knell for the romney campaign. there's a double standard about what constitutes a feeding frenzy kind of news story, and variably, they're the kinds of stories that helpwh democrats. megyn: all right. we are going to get juan'sts response to that after this break. don't go away. as lines grow lo, his pain continues to linger.

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megyn: juan, last question to you. do you think the fact that this is not being covered more in the mainstream media has anything to do with the presidential election? >> well, i think this is a highly politicized story and, clearly, president obama has an advantage in the polls when it comes to who do you trust to handle terrorism, foreign affairs, and that's unusual for a democrat. and it looks like this is an attempt by the romney campaign to somehow drag the president down in that way. a poll done by fox just this week said a plurality of americans don't think the president's lying, but they think this whole story's been mishandled. and to jonah's point that it's a news story, he's right, it is a news story, but there's been lots of accounts from the pentagon and cia that have to be taken into account.

megyn: we have yet to have a presidential press conference on it. thank you both so much for being here. president obama promised he would reintroduce legislation to ban assault weapons. we're taking a closer look at it. william la jeunesse live in the l.a. >> reporter: well, megyn, if you look at swing states, they all have one thing in common; guns. and while gun rights wasn't an issue the last four years, it is now. >> this is a smith and wesson model right here. >> reporter: in the swing states of ohio and colorado, gun owners could pose a problem for the president. >> what worries me most is that at that point we'll see the real, true barack obama. >> reporter: their concern? his plan to reduce violence by -- >> seeing if we can get an assault weapons ban reintroduced. >> i was thinking i was worn in the country where i had the right -- born in the country where i had the right to keep and bear arms, and i don't know what he's talking about. >> it makes me nervous. i have three children and a home

to protect. >> reporter: stephanie thomas run r rushed to the cincinnati gun store. >> i am definitely concerned. i wanted to come in before the election to make my purchase in the event that that ban is reinstated. >> reporter: 90 million gun owners live in the u.s., but in the eight battleground states, 2.1 million bought guns already this year and two million hold hunting licenses. gun owners fear the president would ban america's top-selling gun, the ar15. >> weapons that were designed for soldiers in war theaters don't belong on our streets. >> reporter: after mass shootings in colorado and wisconsin, activists wanted the 2004 assault ban renewed. opponents say obama misrepresents the gun's danger. >> the firearms they're classifying as assault weapons were used in less than 1.5% of all the firearms crimes. >> or we'll see if any of this matters next tuesday. megyn: william, thanks. we'll be right back, don't go

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